Can I go to small claims court?
November 12, 2007 9:07 AM Subscribe
How do I recover money through small claims court without contact info for the guy I'm trying to get my money from?
OK, so I was very foolish. I accepted a writing gig off of Craigslist, met a guy in person a couple of times, and did a bunch of work. Haven't been paid, and none of the guy's other staff have been paid... and now he's hanging up on phone calls.
This might be perfectly innocent, but I've recently uncovered evidence that this might just be how this guy operates.
So. This is in New York. Some guy owes me some money. I've got agreement of rates and hours, though not a formal contract, in email. I've got two names for this guy, and one phone number. But I don't have an address.. which you need to serve papers... right?
How do I go about getting recourse? Can I get an address from a cell phone number? Is it even possible I'll get justice? Any advice on either getting paid or, I guess if that's not possible, how to get over being bitter over getting screwed and get on with my life?
Yeah, I know I was probably foolish in how I approached the whole thing. You don't need to kick me, trust me, I'm kicking myself enough.
OK, so I was very foolish. I accepted a writing gig off of Craigslist, met a guy in person a couple of times, and did a bunch of work. Haven't been paid, and none of the guy's other staff have been paid... and now he's hanging up on phone calls.
This might be perfectly innocent, but I've recently uncovered evidence that this might just be how this guy operates.
So. This is in New York. Some guy owes me some money. I've got agreement of rates and hours, though not a formal contract, in email. I've got two names for this guy, and one phone number. But I don't have an address.. which you need to serve papers... right?
How do I go about getting recourse? Can I get an address from a cell phone number? Is it even possible I'll get justice? Any advice on either getting paid or, I guess if that's not possible, how to get over being bitter over getting screwed and get on with my life?
Yeah, I know I was probably foolish in how I approached the whole thing. You don't need to kick me, trust me, I'm kicking myself enough.
A police report might help as well...
posted by jeffamaphone at 9:15 AM on November 12, 2007
posted by jeffamaphone at 9:15 AM on November 12, 2007
If you file a john doe suit in regular court you can subpoena the email and phone records to find a real name. A court clerk might be able to walk you through the process so that you could do it yourself.
posted by caddis at 9:23 AM on November 12, 2007
posted by caddis at 9:23 AM on November 12, 2007
In some states (maybe all) you can serve someone "by publication" if you have no way of finding them. Meaning, you publish a notice in a newspaper of record for a certain number of days, and the defendant is deemed to have been served. Check with a lawyer.
... and now he's hanging up on phone calls.
This might be perfectly innocent ...
There's a real disconnect between "he's hanging up on phone calls" and "this might be perfectly innocent."
posted by jayder at 9:31 AM on November 12, 2007
... and now he's hanging up on phone calls.
This might be perfectly innocent ...
There's a real disconnect between "he's hanging up on phone calls" and "this might be perfectly innocent."
posted by jayder at 9:31 AM on November 12, 2007
craigslist doesn't look too kindly on that sort of thing so they might be a resource for you. They might have an alternative email and I believe they collect more information for people posting jobs because some locations have fees attached (the SF job board, for instance, charges a fee to post).
posted by 45moore45 at 9:31 AM on November 12, 2007
posted by 45moore45 at 9:31 AM on November 12, 2007
Did you try looking in the regular phone book for those names you have?
posted by edgeways at 9:47 AM on November 12, 2007
posted by edgeways at 9:47 AM on November 12, 2007
Response by poster: Just wanted to add: The chap in question is recently relocated from another city in another state, and I'm not even 100% sure he HAS a permanent NY address yet, either for himself or for the business I was helping him establish. The number I have is a cell phone.
posted by Andrhia at 10:54 AM on November 12, 2007
posted by Andrhia at 10:54 AM on November 12, 2007
If he's crossed state lines, your local state court may no longer have jurisdiction. You might have to go to the federal courts.
posted by Steven C. Den Beste at 11:01 AM on November 12, 2007
posted by Steven C. Den Beste at 11:01 AM on November 12, 2007
If he contracted for the work in state A, he is likely subject to the jurisdiction of their courts whether he ever lived in state A, moved out of state A to state B or whatever. If you hire a lawyer, this all becomes easy, and is the recommended way to go, but may cost too much depending on the amount owed. I like the police report idea on the fraud of services or something theory. If you are not in something like NYC the local cops might track down the guy for you through the cell phone number.
posted by caddis at 11:36 AM on November 12, 2007
posted by caddis at 11:36 AM on November 12, 2007
I don't see that anyone has mentioned it so I will - even if you can find this person's identifying characteristics, suing and winning in small claims is only step #1 in getting your money. You then have to find a way to compel payment, which likely requires knowing MORE about him, like where he banks.
There is also the standard problem about getting blood from stones. Do you have a compelling reason to believe he's got money to collect?
posted by phearlez at 11:50 AM on November 12, 2007
There is also the standard problem about getting blood from stones. Do you have a compelling reason to believe he's got money to collect?
posted by phearlez at 11:50 AM on November 12, 2007
Have you checked with the Clerk at the Court where you would file the lawsuit? In the counties north of NYC service of process for Commercial Claim Summons (Small Claims Court) are handled by the Clerk's office. Personal service is not required.
I know the court structure (with district courts) is a little different in LI so there may be differences with the rules of service.
When most people think of serving someone with papers it is a Summons & Complaint for a civil action in NYS Supreme Court ($15,000 or greater damages) and then personal service is required. In that case your lawyer hires someone to serve the papers.
If the Clerkâs office says you do need to have personal service performed I would contact a Process Server. Here is a list. Be sure to contact several for price quotes.
A Process Server will have access to databases where he can obtain address information and other personal info from a cell phone. The cost for the cell phone search should be no more than $100 and it might be around $85.
The cost for personal service should be no more than $75.
posted by mlis at 12:12 PM on November 12, 2007
I know the court structure (with district courts) is a little different in LI so there may be differences with the rules of service.
When most people think of serving someone with papers it is a Summons & Complaint for a civil action in NYS Supreme Court ($15,000 or greater damages) and then personal service is required. In that case your lawyer hires someone to serve the papers.
If the Clerkâs office says you do need to have personal service performed I would contact a Process Server. Here is a list. Be sure to contact several for price quotes.
A Process Server will have access to databases where he can obtain address information and other personal info from a cell phone. The cost for the cell phone search should be no more than $100 and it might be around $85.
The cost for personal service should be no more than $75.
posted by mlis at 12:12 PM on November 12, 2007
If he's crossed state lines, your local state court may no longer have jurisdiction. You might have to go to the federal courts.
What? No. State courts have long-arm statutes, and if the guy lives there, then the local court would have personal jurisdiction. A federal court wouldn't touch this - diversity jurisdiction requires a minimum amount in controversy of $75,000.
Anyway, call the Small Claims court and tell the clerk your situation. They should be able to tell you what you need to do to subpoena sufficient information (from the cell phone company, say) to complete service of your complaint. They're used to providing procedural help to pro se litigants. While you're at it, ask them what other free procedural help is available from the courts.
On preview: what phearlez says about getting blood from stones is true. If you go into it with the right mindset and can avoid getting all crazy and vengeful about the whole deal, then why not? You'll learn about the legal system, at least. Look at it as just another facet of a rich, full life.
posted by averyoldworld at 12:13 PM on November 12, 2007 [1 favorite]
What? No. State courts have long-arm statutes, and if the guy lives there, then the local court would have personal jurisdiction. A federal court wouldn't touch this - diversity jurisdiction requires a minimum amount in controversy of $75,000.
Anyway, call the Small Claims court and tell the clerk your situation. They should be able to tell you what you need to do to subpoena sufficient information (from the cell phone company, say) to complete service of your complaint. They're used to providing procedural help to pro se litigants. While you're at it, ask them what other free procedural help is available from the courts.
On preview: what phearlez says about getting blood from stones is true. If you go into it with the right mindset and can avoid getting all crazy and vengeful about the whole deal, then why not? You'll learn about the legal system, at least. Look at it as just another facet of a rich, full life.
posted by averyoldworld at 12:13 PM on November 12, 2007 [1 favorite]
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Or hire a P.I.
You might be able to do a phone number to address match from one of many internet sites that specialize in that sort of thing. Google is your friend.
posted by jeffamaphone at 9:14 AM on November 12, 2007